PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision 1491Sa
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102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
The Board rejects SPB’s contention that the appropriate remedy for aggrieved employees should the Board find SPB in violation of the Dills Act is through writ of mandate under Code of Civil Procedure Sections 1084 and 1085; the Board would be relinquishing its responsibilities under the Dills Act to allow such a result. Such a result would conflict with the principles of exhaustion of administrative remedies and PERB’s preemptive jurisdiction over Dills Act issues.